Punjab-Haryana High Court
Kuldeep Singh And Others vs State Of Punjab And Another on 4 April, 2024
Neutral Citation No:=2024:PHHC:046108
2024:PHHC:046108
CRM-M-46457-2023 --1--
288 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-46457-2023
DATE OF DECISION:-04.04.2024
Kuldeep Singh and others ...Petitioners..
vs.
State of Punjab and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Tanvir Singh Grewal, Advocate,
for the petitioner.
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Sukhpreet Singh Kang, Advocate,
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioners pray for quashing of FIR No.72 dated 23.05.2023, registered
under Sections 447, 511, 379, 506 and 120-B IPC, at Police Station Sadar
Sangrur, District Sangrur, Punjab (Annexure P-1) and all other subsequent
proceedings arising therefrom on the basis of compromise deed dated
04.09.2023 (Annexure P-2).
2. As per the allegations levelled in the FIR, the petitioners tried to
till the land and boundary lines belonging to the complainant and also tried
to take forcible possession thereof, besides, it they also threatened to kill
him.
3. In pursuance of orders dated 15.09.2023 and 05.12.2023 passed
by this Court, whereby parties were directed to appear before the Trial
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Court for getting their statements recorded as regards the veracity of
compromise arrived at between them, report dated 01.04.2024 has been
received from the concerned Court, stating that the compromise effected
between complainant-Hardeep Singh and accused-Kuldeep Singh, Tewinder
Singh and Yadwinder Singh, is genuine, the same has been effected
voluntarily without any pressure, coercion or undue influence from any
quarter. No accused has been declared as proclaimed person.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondent No.2 having no objection as regards
quashing of FIR as well as all other subsequent proceedings arising out of
the same against the petitioners; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioners. Even otherwise, in
order to maintain peace and harmony between the parties, particularly under
the circumstances wherein the alleged offences have no societal interest
involved, it would be appropriate to render complete quietus to the
aforementioned dispute by quashing the FIR on the basis of compromise
entered into between the parties.
5. The parties having settled their dispute so as to live in peace in
future, no useful purpose would be served by proceeding further with the
criminal proceedings. In the light of above developments, no cause remains
for the Trial Court to invest further time and effort in adjudicating this FIR.
The compromise in question is even found to be fully in consonance with
the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of
Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab
& Anr., 2012(4) RCR (Crl.) 543.
6. Thus, in view of the aforesaid facts, accompanied by statements
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of both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, FIR No.72 dated 23.05.2023, registered under
Sections 447, 511, 379, 506 and 120-B IPC, at Police Station Sadar Sangrur,
District Sangrur, Punjab as well as all subsequent proceedings arising
therefrom are hereby quashed qua the petitioners.
7. Accordingly, petition stands allowed subject to payment of costs
of Rs.15,000/- to be deposited by the petitioners with the Poor Patient
Welfare Fund, PGIMER, Chandigarh within a period of two weeks from the
date of receipt of certified copy of this order.
04.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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